Criminal Procedure and Evidence Act
(b)
Zimbabwe
revoke the order and—
(i)
order the offender to pay any fine or undergo any imprisonment that was imposed on
him as an alternative punishment in terms of subsection (3) of section three hundred
and fifty A; or
(ii)
where the court that made the order did not impose an alternative punishment in
terms of subsection (3) of section three hundred and fifty A, deal with the offender for
the offence in respect of which the order was made in any manner in which that court
could have dealt with him;
or
(c)
make such other order or direction in the matter as the court considers just.
(4)
Where a court makes an order referred to in subparagraph (i) of paragraph (b) of subsection (3), the
court may reduce any fine to be paid or imprisonment to be undergone by the offender concerned to
such extent as the court considers appropriate in order to take into account any service the offender
rendered in compliance with the community service order concerned.
(5)
An offender who is dealt with by a court under the powers conferred on it by subparagraph (ii) of
paragraph (b) of subsection (3) shall have the same right of appeal against any sentence or order of
the court as if the sentence or order had been imposed in a criminal trial.
[section inserted by section 18 of Act 8 of 1997]
350D.Amendment or revocation of community service order
(1)
Subject to this section, on the application of—
(a)
the offender concerned or, if he is a minor, his parent or lawful guardian; or
(b)
the Prosecutor-General or a public prosecutor;
a court may—
(i)
amend a community service order; or
(ii)
revoke a community service order and deal with the offender for the offence in respect of
which the order was made in any manner in which the court which made the order could
have dealt with him;
if the court considers it would be in the interests of justice to do so having regard to circumstances
which have arisen since the order was made.
(2)
A community service order made by—
(a)
the High Court, shall not be amended or revoked in terms of subsection (1) except by the
High Court;
(b)
a magistrate, shall not be amended or revoked in terms of subsection (1) except by that
magistrate or by another magistrate who has the same or greater jurisdiction to impose
punishment in criminal cases.
(3)
A court may order an offender to be brought before it for the purposes of an application in terms of
subsection (1) and, if necessary, may order him to be arrested without warrant and, unless admitted
to bail in terms of Part XI, to be detained in prison.
(4)
An offender who is dealt with by a court under the powers conferred on it by paragraph (ii) of
subsection (1) shall have the same right of appeal against any sentence or order of the court as if
the sentence or order had been imposed in a criminal trial.
[section inserted by section 18 of Act 8 of 1997]
By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely.
141
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents